Vladovska K. Administrative and legal regulation of public service in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0824U002539

Applicant for

Specialization

  • 081 - Право

09-04-2024

Specialized Academic Board

ДФ 70.895.046

Khmelnytsky university of management and law Leonid Yuzkov

Essay

The dissertation is dedicated to the study of the administrative and legal regulation of public service in Ukraine, including in the bodies of state power, local self-government, judicial and law enforcement agencies, improvement of domestic legislation on civil service issues. The author's definition of the concepts "public service" and "administrative and legal regulation of public service" is given in the dissertation. It was determined that public service is a specific activity of political and administrative subjects, within which tasks and functions of a public nature are implemented, i.e. those that relate to the rights and interests of the community - the population of the state, administrative-territorial unit, a certain social group or territorial community, which is carried out on the basis of financing the relevant activity from the state or local budget. The concept of administrative-legal regulation of public service as a purposeful influence of the norms of administrative law, as well as norms of other branches of law on legal relations arising in connection with entry into public service, dismissal from it, completion of public service, norms that determine legal status, is revealed public servants in relations arising in connection with their performance of tasks and functions of the state or other public entities. The dissertation states that public service, with the exception of political service, is carried out on a professional and politically neutral basis, its formation takes place on the basis of an administrative-legal act of appointment or election. The dissertation reveals the features of public service, as well as the author's classification of public service. It is noted that public service includes political service represented by persons whose activities have an inherent political character, who are elected by the population or appointed by elected subjects on a political basis and bear political responsibility to them; state public service, i.e. the activity of employees of state authorities, aimed at the implementation of state-authority functions, which is carried out on a professional and non-political basis; service in local self-government bodies, that is, the activities of employees of local self-government bodies, which is carried out on a professional and non-political basis; militarized service, i.e. military service, service in law enforcement agencies, security and civil defense agencies; judicial service; prosecutor's office; patronage service of persons who ensure the activities of authorities and local self-government, but are not political or civil servants. The dissertation defines the author's list of principles and functions of public service, which takes into account the essence of all types of public service. Issues of development of administrative and legal regulation of public service in Ukrainian lands are being studied. It was determined that for a long time the administrative the legal regulation of the public service according to the legislation that was in effect on Ukrainian lands was fragmentary and related only to certain aspects of the activities of representative bodies and state-wide management bodies and was disclosed through normative legal acts of the head of state as well as local level documents; at the same time, civil service and service in local self-government bodies did not differ, with the exception of cities with Magdeburg law. During the period when the Ukrainian lands became part of the Russian and Austro-Hungarian empires, the administrative the legal regulation of civil service and service in local self-government bodies becomes more comprehensive and includes the definition of powers and status of public servants, features of public service, including selection, distribution, service career of officials. During the period when Ukraine joined the Soviet Union, the rights of employees and public servants are equalized; there were no significant differences in the legal regulation of public service compared to work. The periodization of the development of administrative and legal regulation of the public service of independent Ukraine was carried out and the peculiarities of the formation of legislation on the public service, the reform of the public service system in accordance with the Constitution of Ukraine and the standards of the European Union were analyzed.

Research papers

Владовська К. П. До питання про правову природу поняття «публічна служба» у законодавстві України та в адміністративно-правовій доктрині. Аналітично-порівняльне правознавство. 2022. № 2. С. 124-128. DOI: https://doi.org/10.24144/2788-6018.2022.02.23. URL: https://app-journal.in.ua/wp-content/uploads/2022/07/25.pdf.

Владовська К. П. Адміністративно-правове регулювання проходження публічної служби в органах виконавчої влади. Економіка. Фінанси. Право. 2023. № 10. С. 84-88. DOI: https://doi.org/10.37634/efp.2023.10.18. URL: http://efp.in.ua/uk/journal-article/1177.

Владовська К. П. Правова природа та класифікація принципів публічної служби у адміністративно-правовій доктрині. Правовий часопис Донбасу. 2022. № 4 (81). С. 72-77. DOI: https://doi.org/10.32782/2523-4269-2022-81-4-1-72-77. URL: https://ljd.dnuvs.ukr.education/wp-content/uploads/2023/03/14-1.pdf.

Івановська А. М., Владовська К. П. Адміністративно-правові засади організації публічної служби в органах управління Державної прикордонної служби України. Економіка. Фінанси. Право. 2022. № 10/1. С. 5-8. DOI: https://doi.org/10.37634/efp.2022.10(1).1. URL: http://efp.in.ua/uk/journal-article/944.

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